Several articles in this ADR series in The Legal have pointed out that in agreeing to arbitration, counsel must consider whether the hearing is to be conducted pursuant to rules of evidence. Often ignored, however, is the extent to which the arbitrator will be constrained by such rules.
Differing views on this issue were recently reflected in a decision of the U.S. Court of Appeals for the Second Circuit vacating an order of the district court that had itself vacated an award by the arbitrator on evidentiary grounds, LJL 33rd Street Associates LLC v. Pitcairn Properties, No. 11–5425–cv, decided July 31.
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